88R11931 BDP-D
 
  By: Garcia H.B. No. 3788
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to school district policies on dating violence, sexual
  assault, stalking, sexual abuse, and sexual harassment; providing
  an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.0812, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A school district peace officer or school resource
  officer shall complete the school district's comprehensive
  training program on dating violence, sexual assault, stalking,
  sexual abuse, and sexual harassment as required by Section 37.0831.
         SECTION 2.  Section 37.0831, Education Code, is amended to
  read as follows:
         Sec. 37.0831.  DATING VIOLENCE, SEXUAL ASSAULT, STALKING,
  SEXUAL ABUSE, AND SEXUAL HARASSMENT POLICIES; EDUCATIONAL
  MATERIALS AND RESOURCES.  (a)  Each school district shall adopt and
  implement a [dating violence] policy on dating violence, sexual
  assault, stalking, sexual abuse, and sexual harassment to be
  included in the district improvement plan under Section 11.252.
         (b)  The [A dating violence] policy must:
               (1)  include:
                     (A)  definitions of "dating violence," "sexual
  assault," and "stalking" that have the meanings assigned by the
  Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
  Statistics Act (20 U.S.C. Section 1092(f)(6)(A)) [a definition of
  dating violence that includes the intentional use of physical,
  sexual, verbal, or emotional abuse by a person to harm, threaten,
  intimidate, or control another person in a dating relationship, as
  defined by Section 71.0021, Family Code];
                     (B)  a definition of "sexual harassment" that
  means unwelcome, sex-based verbal or physical conduct that:
                           (i)  in the employment context, unreasonably
  interferes with a person's work performance or creates an
  intimidating, hostile, or offensive work environment; or
                           (ii)  in the education context, is
  sufficiently severe, persistent, or pervasive that the conduct
  interferes with a student's ability to participate in or benefit
  from education programs or activities at a secondary school;
                     (C)  a clear statement that dating violence,
  sexual assault, stalking, sexual abuse, and sexual harassment are
  [is] not tolerated at school; [and]
                     (D) [(C)  reporting] procedures, protocols, and
  guidelines for reporting and responding to incidents [students who
  are victims] of dating violence, sexual assault, stalking, sexual
  abuse, and sexual harassment, including a procedure for immediately
  notifying the parent or guardian of a student about a report
  received by the district identifying the student as an alleged
  victim or perpetrator of dating violence, sexual assault, stalking,
  sexual abuse, or sexual harassment; [and]
                     (E)  a comprehensive training program in
  accordance with Subsection (d) or (e); and
                     (F)  interim measures to protect victims of dating
  violence, sexual assault, stalking, sexual abuse, and sexual
  harassment during the pendency of the school's disciplinary
  process, including protection from retaliation, and any other
  accommodations available to those victims at the school; and
               (2)  address safety planning, enforcement of
  protective orders, [school-based alternatives to protective
  orders, training for teachers and administrators at each district
  campus that instructs students in grade six or higher,] counseling
  for affected students, and awareness education for students and
  parents.
         (c)  To the extent possible, a school district shall make
  available to students:
               (1)  age-appropriate educational materials that
  include information on the dangers of dating violence, sexual
  assault, stalking, sexual abuse, and sexual harassment; and
               (2)  resources to students seeking help.
         (d)  The comprehensive training program:
               (1)  must be provided annually to school counselors,
  teachers, nurses, administrators, and other staff, as well as law
  enforcement officers and social workers who regularly interact with
  students;
               (2)  must be completed not later than the 30th
  instructional day following the first day of school and may be
  offered online;
               (3)  must be included in the employee school district
  handbook;
               (4)  may include participation by community
  organizations with relevant existing research-based programs aimed
  at providing training for school staff;
               (5)  must include information on:
                     (A)  the meanings of and methods for preventing
  and identifying incidents of dating violence, sexual assault,
  stalking, sexual abuse, and sexual harassment;
                     (B)  the school district's policy on dating
  violence, sexual assault, stalking, sexual abuse, and sexual
  harassment;
                     (C)  procedures, protocols, and guidelines for
  responding to and reporting incidents of dating violence, sexual
  assault, stalking, sexual abuse, and sexual harassment; and
                     (D)  the name, location, and contact information
  of the district's Title IX coordinator; and
               (6)  may include information relating to the district's
  trauma-informed care policy under Section 38.036.
         (e)  If a school district does not have sufficient resources
  to provide the comprehensive training program required under
  Subsection (d), the district shall work in conjunction with a
  community organization to provide the training at no cost to the
  district.
         (f)  Not later than the 30th instructional day following the
  first day of school, each school district shall make the school's
  policy on dating violence, sexual assault, stalking, sexual abuse,
  and sexual harassment available to parents and students by:
               (1)  including the policy in the annual student
  handbook;
               (2)  posting the policy on the school's Internet
  website that is accessible from the home page of the Internet
  website by use of not more than three links; and
               (3)  providing a written copy of the policy to the
  parent of or other person standing in parental relation to each
  student enrolled in the school.
         (g)  Each school district shall ensure that any
  informational materials distributed to students are
  age-appropriate.
         (h)  Not later than the 30th day following the last
  instructional day of the school year, the Title IX coordinator of
  each school district shall prepare and submit an annual written
  report to the agency regarding incidents of dating violence, sexual
  assault, stalking, sexual abuse, and sexual harassment at the
  district. The report must include:
               (1)  a certification by the superintendent that each
  school within the district is in substantial compliance with the
  training and reporting requirements under this section;
               (2)  the total number of reported incidents of dating
  violence, sexual assault, stalking, sexual abuse, and sexual
  harassment;
               (3)  a summary of each investigation of a reported
  incident; and
               (4)  a summary of the disposition of each reported
  incident:
                     (A)  that resulted in disciplinary measures by the
  district; or
                     (B)  for which the district determined that
  disciplinary measures were not necessary.
         (i)  If the agency determines that a school district is not
  in compliance with the training or reporting requirements, the
  commissioner may take any appropriate action authorized to be taken
  by the commissioner under Chapter 39A.
         (j)  The agency shall prepare and submit an annual written
  report to the governor, lieutenant governor, speaker of the house
  of representatives, and standing committees with primary
  jurisdiction over education that includes:
               (1)  the number of incidents of dating violence, sexual
  assault, stalking, sexual abuse, and sexual harassment in each
  school district;
               (2)  a list of school districts that are in compliance
  or out of compliance with the training and reporting requirements
  under this section; and
               (3)  penalties imposed on any district.
         SECTION 3.  Each school district shall implement a policy on
  dating violence, sexual assault, stalking, sexual abuse, and sexual
  harassment as required by Section 37.0831, Education Code, as
  amended by this Act, not later than the beginning of the 2023-2024
  school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.